If you have pets, there is no denying that they’re part of your family. In Michigan, however, pets are classified as property in divorce, which makes it that much more difficult to manage this concern. Ultimately, Michigan judges can’t award any kind of formal custody over pets and can’t address shared visitation. Instead, the court can only assign sole ownership, which emphasizes the importance of having the professional legal guidance of our experienced Westland, Michigan, divorce attorneys at The Smith Law Offices, P.C., backing you up.
Negotiating Terms between Yourselves
Only you and your divorcing spouse can truly appreciate how important your pets are to both of you, and this should guide your decisions about how to address the matter in divorce. You and your soon-to-be ex can negotiate whatever terms work for you regarding your pets, and this is generally the best approach.
If sharing your pets is a viable option, you can work the schedule out between yourselves. If, however, it makes more sense for just one of you to take over the care of one or more of your pets, that’s the path you should choose. Turning to the court to make these key decisions for you makes it difficult to predict the outcome, and the terms may not serve you, your divorcing spouse, or your pets well.
The Court’s Approach
If your case goes to court, it will be heard at the Family Division of the Wayne County Third Circuit Court. The division of marital property, including pets, in a Michigan divorce must be equitable, which means fair given the relevant circumstances. In other words, the court must consider your pets the same way it would any other asset, such as a piece of furniture.
Separate vs. Marital Property
If the pet in question belonged to either of you prior to your marriage or if it was gifted to either of you during your marriage, it will likely be considered that spouse’s separate property. If, however, you obtained the pet during your marriage, it will probably be considered marital property, and the matter of who will have ownership following your divorce must be determined.
Factors That Play a Role
If the court determines how your pets will be divided in your divorce, it will take practical matters into account, which include factors like the following:
- Whether one of you took on the primary role of caring for the pets
- Whether one of you have living arrangements that are more pet-friendly than the other
- Whether one of you is better equipped financially to continue caring for the pets
Turn to a focused divorce lawyer for the help you need.
Discuss Your Concerns with Our Experienced Westland Divorce Lawyers
Our resourceful Westland divorce attorneys at The Smith Law Offices, P.C., recognize the significance of your pets in your divorce. And we have an impressive track record for successfully resolving these challenging matters in support of our clients’ best interests. We’re here for you, too, so please don’t delay contacting us online or giving our firm a call at 734-729-4465 today.
